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Terms of Use

1. Acceptance of Terms

Seven Days provides a collection of online resources, including classified ads, forums, blogs, personal ads, and various e-mail services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“Terms”), which may be updated by Seven Days from time to time. Seven Days will provide notice of materially significant changes to the Terms by posting notice on the Seven Days site. By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular Seven Days services, you agree to abide by any applicable posted guidelines for all Seven Days services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Seven Days in any way, your only recourse is to immediately discontinue use of Seven Days.

2. Content

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for all Content that you post, e-mail or otherwise make available via the Service. You understand that Seven Days does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Seven Days site and Content available through the Service may contain links to other Websites which are completely independent of Seven Days. Seven Days makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other Websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will Seven Days be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise made available via the Service. Seven Days shall have the right (but not the obligation) at its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the Terms or for any other reason.

3. Notification of Claims of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Seven Days’s agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at classifieds@sevendaysvt.com or: Copyright Agent, Seven Days, PO Box 1164, Burlington, VT 05402. 802-864-5684.

Please provide our Agent with the following Notice:

1. Identify the copyrighted work or other intellectual property that you claim has been infringed;2. Identify the material on the Seven Days site that you claim is infringing, with enough detail so that we may locate it on the Website;3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;4. A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;5. Your address, telephone number, and e-mail address; and6. Your physical or electronic signature.

Seven Days will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

4. Privacy and Information Disclosure

Seven Days has established a Privacy Policy to explain to users how their information is collected and used. Your use of the Seven Days Website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further acknowledge and agree that Seven Days may, at its sole discretion, preserve or disclose your Content, as well as your information, such as e-mail addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to claims that any Content violates the rights of third parties; respond to claims that contact information (e.g. phone number, street address) of a third party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Seven Days, its users or the general public.

5. Fair Housing Notice

All real estate advertised on this Site is subject to the federal Fair Housing Act, which makes it illegal to advertise any preference, limitation, or discrimination based on race, sex, handicap, familial status or national origin, in the sale, rental, or financing of housing.

All housing advertised on Seven Days must be made available on an equal opportunity basis. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents of legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

Seven Days will not knowingly accept any advertisement that is in violation of the Fair Housing Act or any applicable law. If you believe that you have been discriminated agains in connection wit the sale, rental, or financing of housing, call the U.S. Department of Housing and Urban Development at 1-800-669-9777, or for the hearing impaired, at 1-800-927-9275. For more information, visit HUD's website at www.hud.gov.

6. Conduct

You agree not to post, e-mail, or otherwise make available any Content:

that is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another’s privacy, or harmful to minors in any way;

that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

that impersonates any person or entity, including but not limited to a Seven Days employee, or falsely states or otherwise misrepresents your affiliation with a person or entity;

that includes personal or identifying information about another person without that person’s explicit consent;

that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;

that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.

that constitutes or contains any form of advertising or solicitation if (1) posted in areas of the Seven Days sites which are not designated for such purposes; or (2) e-mailed to Seven Days users who have requested not to be contacted about other services, products or commercial interests.

that includes links to commercial services or Websites, except as allowed in “services.”

that advertises any illegal services or the sale of any items the sale of which is prohibited, restricted. regulated by applicable local, state or federal law.

that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service; or

that employs misleading e-mail addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

Additionally, you agree not to:

contact anyone who has asked not to be contacted;

“stalk” or otherwise harass anyone;

collect personal data about other users for commercial or unlawful purposes;

use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service—exception is made for Internet search engines (e.g. Google) and noncommercial public archives (e.g. archive.org) that comply with our robots.txt file;

post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;

post the same item or service in more than one classified category or forum; or

attempt to gain unauthorized access to Seven Days’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Seven Days Website.

Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that Seven Days shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Seven Days is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Seven Days, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

7. No Spam Policy

You understand and agree that sending unsolicited e-mail advertisements to Seven Days e-mail addresses or through Seven Days computer systems, which is expressly prohibited by these Terms, will use or cause to be used servers located in Vermont. Any unauthorized use of Seven Days computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.

8. Limitations on service

You acknowledge that Seven Days may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, e-mail messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Seven Days has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Seven Days reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Seven Days shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

9. Termination of service

You agree that Seven Days, at its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Seven Days believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Seven Days shall not be liable to you or any third party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.

10. Proprietary rights

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the Sites or the collective work is prohibited. Copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited. You further agree not to reproduce, duplicate or copy Content from the Service, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. Seven Days is a registered mark in the U.S. Patent and Trademark Office.

Although Seven Days does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Seven Days an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing.

11. Disclaimer of Warranties

YOU AGREE THAT USE OF THE Seven Days SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Seven Days SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Seven Days DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Seven Days SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Seven Days DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Seven Days SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Seven Days SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Seven Days DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Seven Days SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL Seven Days BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Seven Days HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Seven Days SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Seven Days SITE OR THE SERVICE, FROM INABILITY TO USE THE Seven Days SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Seven Days SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Seven Days SITE OR THE SERVICE OR ANY LINKS ON THE Seven Days SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Seven Days SITE OR THE SERVICE OR ANY LINKS ON THE Seven Days SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

13. Indemnity

You agree to indemnify and hold Seven Days, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14. General information

The Terms constitute the entire agreement between you and Seven Days and govern your use of the Service, superseding any prior agreements between you and Seven Days. The Terms and the relationship between you and Seven Days shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions. You and Seven Days agree to submit to the personal and exclusive jurisdiction of the courts located within Burlington, Vermont. The failure of Seven Days to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. Violations of Terms and Liquidated Damages

Please report any violations of the Terms, by flagging the posting(s) for review, or by e-mailing to classifieds@sevendaysvt.com. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you will be liable to pay Seven Days liquidated damages as follows:

a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Seven Days five hundred dollars ($500) for each such message.

b. If Seven Days establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Seven Days one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Seven Days in excess of such limits, whichever is higher.

c. If you send unsolicited e-mail advertisements to Seven Days e-mail addresses or through Seven Days computer systems, you agree to pay Seven Days twenty-five dollars ($25) for each such e-mail.

d. If you post messages in violation of these Terms of Use, other than as described above, you agree to pay Seven Days one hundred dollars ($100) for each such message. At its sole discretion, Seven Days may elect to issue a warning before assessing damages.

Otherwise, you agree to pay Seven Days’s actual damages, to the extent such actual damages can be reasonably calculated.